§2. Family purpose nonimmigrant visas for relatives of United States citizens and lawful permanent residents seeking to enter the United States temporarily
This section establishes a new nonimmigrant visa category under INA §101(a)(15)(B)(iii) (i.e., B-3 visa) for relatives of U.S. citizens or lawful permanent residents (LPRs) to visit temporarily for family purposes, defined to include social visits, occasional events, major life events, religious events, or other purposes; relatives include spouses, children, sons, daughters, grandchildren, parents, grandparents, great-grandparents, siblings, uncles, aunts, nieces, or nephews.
For admission on a B-3 visa, it requires (1) a financial support declaration (Form I-134) from the petitioner or additional sponsor; (2) short-term travel medical insurance or an existing policy covering international medical expenses for the stay duration; and (3) a perjury declaration from the relative affirming intent to depart at the end of the authorized period and awareness of overstay penalties. It limits the authorized admission period to 90 days per calendar year; bars petitioners who previously sponsored the same relative for B-3 admission that resulted in an overstay (absent waiver for extraordinary circumstances); requires prior sponsors to certify no prior overstay or provide an extraordinary circumstances explanation, with false certifications subject to criminal penalties under 18 U.S.C. §1001; and authorizes DHS waiver of unlawful presence grounds for overstays due to extraordinary circumstances.
It adds B-3 visas to INA §248(a)(1) classes ineligible to change nonimmigrant status (with C, D, K, and S visas). It permits B-3 admission notwithstanding the immigrant intent presumption in INA §214(b) for relatives awaiting immigrant visas under numerical limits, provided other eligibility is met, but specifies that such admission does not count toward adjustment of status eligibility under INA §245(a). A rule of construction clarifies that the provision does not limit immigration officers' authority to deny B-3 admission for failure to meet requirements or inadmissibility under INA §212(a), nor preclude B-2 visas for family pleasure travel.